Landlords - Full Managed Service - Introductory Service - The Lettings process - Landlords' obligations - Tenancy deposits 

 Landlords' Obligations

• Common sense
• Safety Regulations
• Housing Health & Safety Rating System
• Energy Performance Certificate (EPC)
• Deposit Protection

If you have never let a property before, then it may seem a daunting project. At Whites, we are here to make the whole process as easy as possible. These simple guidance notes will help explain the process.

Common sense 

As a general rule, say to yourself ‘would I be happy to rent this property?’ If the answer is yes then you are probably 90% of the way to helping us find a suitable Tenant. If the answer is no, then ask us how you can bring your property up to a suitable standard. A lettable property not only attracts a better rent, but also a more suitable Tenant who will respect your investment.

Letting an unfurnished home is often easier. Unfurnished should still include carpets, curtains and kitchen appliances but obviously there is a saving from installing appropriate furnishings, which comply with current legislations. If you do leave contents then it is important that they are modern and in good condition. All Tenancy agreements allow for ‘fair wear and tear’, which means that after several years all items will needs replacing. Decoration should, whether furnished or unfurnished, be neutral and fresh.

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Safety Regulations 

Of major importance is that the property complies with the latest regulations, otherwise the consequences could result in you being liable to criminal prosecution. Prior to the commencement of the Tenancy the following must be checked:

The Gas Safety Installation and Use Regulations 1994. All gas appliances, associated pipework, flues and portable heaters must be checked by a registered Corgi engineer (who can be verified by CORGI on 01256 372300) who will provide a certificate. This is a mandatory requirement, and must be carried out annually. An up to date certificate must be made available to all tenants. We can arrange this on your behalf. A useful website is http:/www.hse.gov.uk/gas.main.htm

Furniture & Furnishing (Fire) (Safety) Regulations 1988 (amended 1989 & 1993).  Furniture and furnishings must meet the standard of these regulations in order to protect the tenant. Most modern furniture will satisfy this requirement, but you must check. Regulations cover the following items which contain upholstery:

• Beds, headboards, mattresses and sofa beds
• Nursery furniture
• Garden furniture which can be used indoors
• Furniture in new caravans
• Scatter cushions, seat pads and pillows
• Loose and stretch covers for furniture

 The Regulations do not apply to:

• Sleeping bags & beds clothes (including duvets)
• Loose covers of mattresses
• Pillowcases
• Curtains
• Carpets

These may come under the General product Safety Regulations. All items  should carry a display label at the point of sale, and some items will carry a permanent label. If in any doubt please contact the local Trading Standards Department, or a useful website http://www.berr.gov.uk/files/file24685.pdf

The Electrical Equipment (Safety) Regulations 1994.  These regulations apply to the supply of electrical equipment with a working voltage of between 50 and 1000 volts a.c or (75 and 1500 d.c). This imposes a duty on you as the supplier that they are ‘safe’ as defined by section 19 of the act, so that there is no risk of injury or death to humans or pets, or risk of damage to property.

The regulations cover all mains voltage household electric goods including cookers, kettles, toasters, electric blankets, washing machines, immersions heaters etc. The act also requires if any equipment is supplied with any particular characteristic, suitable information or instruction booklets should be provided. At Whites we will keep these for you and supply copies to the tenant.

Plugs & Sockets (Safety) Regulations 1994.  These regulations require that where any plug, socket or adaptor supplied for intended domestic use, that it complies with the appropriate current standard, and specifically that:

• The live and neutral pins on the plugs are part insulated so as to prevent shocks when removing plugs from sockets, and
• All plugs are pre-wired.

Smoke Detectors Act 1991. This act requires that all new houses that have been built since 1992 must by law have a smoke detector installed; minimum requirement being one smoke alarm on each level of the building. If there are smoke alarms in a property, as Landlord you are liable to make sure they work.

Failure to comply with the Electrical Equipment Regulations 1994 and the Consumer Protection Act 1987 may result in:

• Prosecution
• A fine of up to £5,000 per item not complying
• Six months imprisonment
• Possible manslaughter charges in the event of death
• The Tenant may sue for damages
• Your property insurance may be invalidated

These regulations are enforced by the Health & Safety Executive.

If Whites are managing the property we insist an Electrical Certificate is obtained.

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Housing Health & Safety Rating System 

As part of the Housing Act 2004, the above rating system can now be applied to rental properties. This is to maintain a certain standard of condition in which people live, and to protect them from hazards.

As Agents, we can only provide general guidance in relation to your property; we include the various 29 hazards, which if you feel any apply to your property will need immediate rectification.

If you are concerned about this, then a suitable qualified surveyor would need to be contacted. www.rics.org

What are the hazards?

The system can deal with 29 hazards summarised are follows:

• Dampness, excess cold/heat
• Pollutants e.g. asbestos, carbon monoxide, lead
• Lack of space, security or lighting, or excessive noise
• Poor hygiene, sanitation, water supply
• Accidents – falls, electric shocks, fires, burns, scalds
• Collisions, explosions, structural collapse

Each hazard is assessed separately, and if judged to be ‘serious, with a ‘high score’, is deemed to be a category 1 hazard. All other hazards are called unsurprisingly, category 2 hazards.

The chart below sets out more information relating to every hazard.
http://www.stratford.gov.uk/files/seealsodocs/4098/SDC0659NOV05.pdf

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Energy Performance Certificate (EPC) 

From the 1st of October 2008 it is necessary when marketing a property for rent to be able to provide the prospective tenant an EPC. The EPC provides tenants with information about how energy efficient a property is. The certificate provides a rating between A to G where A is very efficient and G is very inefficient. The rating is based on factors much as age, property layout, construction, heating, lighting and insulation. The certificate provides information about how much it is likely to cost the tenant to run the property. The certificate lasts 10 years.
http://www.communities.gov.uk/ planningandbuilding/theenvironment/energyperformance

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Deposit Protection 

The Housing Act 2004 introduced tenancy deposit protection for all assured shorthold tenancies (ASTs) in England and Wales.  Find out more about how Whites help landlords handle tenancy deposits.

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